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James P. Brady, Attorney at Law

                              


                  Certified Civil Trial Attorney 


Because You Need A Lawyer With Proven Results

      

 

Recent Cases:

Adamson v Gallichio

Case Conclusion Date:  August 18, 2017


Practice Area: Personal injury


Description: Client proceeding in left lane of travel westbound. Unidentified vehicle in right westbound lane waves a car intending to make a right turn exiting from a commercial driveway into the roadway. Vehicle exiting the driveway strikes client's vehicle on the right side and client's vehicle continues west across the eastbound lanes and strikes a utility pole. Client sustained a comminuted bimalleolar fracture and navicular fracture of the right ankle requiring surgery with the implantation of hardware.


Outcome: Total Settlement of $115,000 - Settlement of $100,000 against driver exiting driveway and $15,000 against uninsured "phantom" driver.


State v. B.R.


Case Conclusion Date:  May 3, 2017

Practice Area:  DUI and DWI

Description: Client suffered with permanent injuries including traumatic brain injury and broken back from an accident 3 years before is allegedly involved in a minor accident with car trying to pass him on the right. Client does not stop for miles as client is unaware that there has been contact and other driver appears to have "road rage." Client on medications. Arrested for DWI, Open Container, Reckless, Leaving the Scene & Failure to Report. Machine testing yields no alcohol. Drug Recognition Expert (arresting officer) determined client to be intoxicated due to medicines.

Outcome: DWI, Open Container & Leaving the Scene Dismissed. Plea of Guilty to Reckless & Failure to Report . Fines & 3 month suspension.


IFS v High Velocity


Case Conclusion Date: January 13, 2017


Practice Area:  Civil Litigation


Description: Defendant client in Florida (HVAC Contractor) was sued for damages, including punitive damages, by Plaintiff NJ company for breach of contract, interference with contractual advantage and interference with economic advantage. Client was subcontracted over the internet to perform work at a Hertz facility in Orlando. Dispute over due date of payment led to client seeking the assistance of Hertz getting paid. Allegedly, Hertz discontinued business relationship with plaintiff as a result.  Legally, ambiguities in a contract are construed against the party that prepared the contract, which in this case, was the Plaintiff.  Settlement overtures by Plaintiff were rejected by defendant client.


Outcome:  Client Wins.  Case Dismissed



State v. B.D.


Case Conclusion Date:  11/29/2016


Practice Area: DUI and DWI


Description:  Client arrested in Jackson Twp. for 3rd offense DWI within 1,000 feet of a school zone at night. Facing double penalties including 180 days in jail and 20 year driver's license suspension. Reading of 0.14% BAC. Filed a Petition for Post Conviction Relief regarding the first offense DWI guilty plea in Seaside Park. First Offense DWI guilty plea was vacated as it was defective.  As a result, the Jackson Twp. third offense charges became second offense charges.  Entered a plea of guilty to Jackson charge of second offense DWI (school zone enhancement dismissed.)


Outcome: Guilty to DWI Second Offense (school zone enhancement dismissed) of Factual Third Offense.  No jail.  Driver's License suspension of 2 years.


COSTANZO v.  BARNEGAT-JERSEY SHORE TERMITE & PEST CONTROL


Case Conclusion Date:  12/1/2016


Practice Area:  Litigation


Description:

Commencing on or about March, 2005 defendant contracted with Client to inspect and provide preventative treatment for wood destroying insects at Client’s home. Extensive termite damage discovered in early March, 2016. Cost to treat and repair - $21,736.00


Outcome:  Settled by Payment to Client - $23,000.00



GEORGE v. 140 FRANKLIN CORNER CONDO. ASS'N, et al


Case Conclusion Date:  09/21/2016


Practice Area: Personal Injury


Description:

Slip & Fall on icy sidewalk of Business Condo.  Client was an 82 year old man taking his friend to the eye doctor.  Complaints of prior falls that day to the doctor's office, which were passed on to the condo manager prior to the client's fall.  On and off freezing rain.  Client sustained comminuted fracture of the right superior pubic ramus and right inferior pubic ramus.  Hospital and rehab for almost eight weeks.  Presently, back pain, need to walk with cane, difficulty standing of sitting for periods of time, unsteadiness when walking & inability to climb or descend stairs (must crawl).  Bills of $45,000 paid by Medicare, which asserted $9,000 lien.


Outcome:  Settlement of $165,000.00



STATE OF NEW JERSEY v. T.A.


Case Conclusion Date:  08/11/2016


Practice Area:  Criminal Defense


Description: 

Alleged twelve bad checks. Also, theft of goods by ordering knowing while knowing of inability to pay. Charged as an Indictable Crime (Third Degree), but downgraded after letter and documents from defense counsel to County Prosecutor. Tried in Municipal Court. Client claimed that checks were post dated 2 1/2 months before he was forced out of business due to tax liens. Complaining witness denied that the checks were post dated. Client denied ordering goods after he knew of impending business closure.


Outcome: Not Guilty on All Counts



STATE OF NEW JERSEY v M.P.


Case Conclusion Date:  07/01/2016


Practice Area:  Criminal Defense


Description:  Second Degree Theft (Embezzlement) by President of Condo. Association by use of a computer (ATM machine).  Third Degree Theft (Failure to Make Proper Disposition of Property or Funds).  Indictment alleged theft of over $30.000.00.  Second Degree crime carries a presumption of State Prison of 7-10 years, if convicted.


Outcome:  Guilty Plea to Third Degree crime alleged in Indictment.  Second Degree Crime alleged in Indictment was Dismissed.
Sentenced to four (4) years non-custodial probation.  Restitution ordered in the amount of $25,595.00


STATE OF NEW JERSEY v D.M.


Case Conclusion Date: 06.16.2016

Practice Area: DWI


Description: Alleged DWI resulting from accident on AC Expressway. Defendant struck a vehicle entering the highway in the rear.  No Field Sobriety Tests; BAC Reading:  0.09%


Outcome: Case Dismissed


STATE OF NEW JERSEY v A.F.


Case Conclusion Date:  January 26, 2015


Practice Area:  Criminal Defense


Description:  At night, client becomes involved in a melee' when uninvited people arrive at an employee's house and start a fight.  During the fight, client is struck in the head with a bottle.  The police arrive and an officer attempts to restrain client from behind.  Client punches person who grabbed him from behind, not knowing it was a police officer.  Police Officer then announces his presence and orders client  to the ground.  Client complies.  Client charged with assault on police officer.


Outcome:  Case Dismissed.



STATE OF NEW JERSEY v. C.O.


Case Conclusion Date:  January 20, 2015


Practice Area:  Criminal Defense


Description:    At night, police officer stops client for broken tail light near reputed drug area. Client claims to be lost and is given a traffic warning. Client is observed a few minutes later stopped in an apartment complex speaking with several pedestrians. Officer stops client again for "suspicious activity" and orders client & passenger from car. Consent search reveals alleged drug paraphernalia (folded wax paper) in client's wallet, No drugs. No testing of wax paper. Motion to Suppress and Brief filed and Trial scheduled. State dismisses case prior to motion hearing.


Outcome:  Case Dismissed.



STATE OF NEW JERSEY v. J.R.


Practice Area: DUI / DWI


Description: Client arrested for DWI & Under the Influence of Marijuana after following a "low profile" police vehicle too closely, after the client thought the car had cut him off. BAC below the legal limit, so DRE testing results in the opinion that client was under the influence of marijuana. Client had consumed Claritan for allergies. Urine test was negative for drugs/opiates.


Outcome:  Case Dismissed. Plea of Guilty to Careless Driving, No Suspension.


Case Conclusion Date:  October 15, 2014



L. H. v. A. F.


Case Conclusion Date: August 4, 2014


Practice Area: Domestic Violence


Description: Domestic  Violence Temporary  Restraining Order obtained by ex-girlfriend v. ex-boyfriend. Claim of assault, claim that defendant tried to run plaintiff off the road & stalking. Amended during trial to add additional counts of assault & criminal mischief.  Claim of a total of five (5) criminal/disorderly persons offenses.


Outcome: Final Restraining Order Denied - TRO Dismissed. None of the offenses proven.



STATE OF NEW JERSEY v. C.B.


Case Conclusion Date: May 14, 2014


Practice Area:  Criminal Defense 


Description:  Client and friend were parked in the far end of a parking lot of a gas station/convenience store. Field inquiry by police officer resulted in the arrest of both on outstanding warrants. After both were cuffed and placed in the patrol vehicle, police search of defendants' car "incident to arrest" revealed marijuana. Defense filed a motion to suppress evidence based solely on police account of events.


Outcome:  Motion to Suppress Granted - Case Dismissed.


UNUM LIFE INSURANCE COMPANY OF AMERICA v. CASSIDY, ET AL


Case Conclusion Date: March 28, 2014


Practice Area:  Insurance


Description: Interpleader action in U.S. District Court by insurance carrier as the beneficiary of an ERISA life insurance policy was the son, who murdered his mother. My client was the other beneficiary. NJ "Slayer" statute to bar son from collection was not applicable due to ERISA and there was no federal "Slayer" statute. Crossclaim for client against son under federal common law. After filing of crossclaim, son disclaimed benefits of the policy.


Outcome: Payment of $90,742 to client


STATE OF NEW JERSEY v.  R.N.


Practice Area: Traffic Ticket - Driving While License Suspended


Case Conclusion Date: March 26, 2014


Description: Minor parking lot accident at apartment complex. Charge of Driving while License Revoked. Mix up with MVC suspension and re-test letters.

   

Outcome: Case Dismissed


STATE OF NEW JERSEY v. B.B.


Case Conclusion Date: March 24, 2014


Practice Area: DUI / DWI


Description: DWI case. Client failed the field sobriety tests. First machine was out of service.   Second machine used in neighboring town.  Second machine provided a false reading.


Outcome: Directed Verdict of Not Guilty on the DWI charge. Plea of Guilty to Reckless Driving. Fine  Only. No Suspension of Driving Privileges.


STATE OF NEW JERSEY v. K.Y.


Case Conclusion Date: November 12, 2013


Practice Area: DUI / DWI


Description: Client with Massachusetts license is stopped on Garden State Parkway and arrested for DWI and Reckless Driving. Field Sobriety testing was conducted and client allegedly fails. Client taken to State Police Barracks for breath test. The machine will not work properly. Client takes a second test at Barracks #2. Again, the machine will not work properly. Client takes a third test at a third location and the reading is 0.08% BAC, which is just over the legal limit. Issues regarding the field tests, the broken machines and the 20 minute observation period (CAD time of day vs. breath test time of day).


Outcome: DWI dismissed. Pleaded Guilty to Reckless Driving. 30 Days suspension of N.J. driving privileges and a fine.


T.F. v. DISCOUNT RETAILER


Case Conclusion Date: November 11, 2013


Practice Area: Personal Injury


Description:  Plaintiff, age 7, fell while dismounting a floor model exercise bike at a Discount Retailer. Child sustained a fractures of tibia and fibula just above the ankle. No involvement of growth plates. Good Physical Recovery. The identities of the parties and the specifics of the claims are confidential pursuant to the settlement agreement.


Outcome: Settlement of $27,500.00


La MAGNA v. B.P.O.E.


Case Conclusion Date: October 16, 2013


Practice Area: Personal Injury


Description: Client fell on "black ice" at night while assisting another person into a car at local Elks Lodge and sustained spiral fracture of tibia. Liability disputed by witnesses. Good recovery.


Outcome: Settlement of $20,000.00


STATE OF NEW JERSEY v. C.O.


Case Conclusion Date: October 7, 2013


Practice Area: Criminal Defense


Description: 20 year old South African immigrant in US with parents since age of 7 is arrested for marijuana with 4 others. Client accepts conditional discharge and others walk. Two and a half months later, client arrested again for possession of marijuana, wandering and criminal trespass in another town. After consult with Public Defender, client pleads guilty to marijuana charge believing it will not affect immigration status. First case is reinstated for failure to comply with terms of conditional discharge.  Client to face original charge of marijuana possession. Two convictions will make client deportable & prevent Permanent Resident status at age 21. I filed a Petition for Post Conviction Relief and Motion to Suppress Evidence re: second conviction. Conviction for the second offense is vacated. Plea Bargain results in a plea of Guilty to two Borough Ordinances to resolve second case with dismissal of marijuana possession charge. First case that had been reinstated due to the second conviction is now dismissed as the Conditional Discharge is deemed to have been successfully completed. and case dismissed.


Outcome:  No convictions of any drug charges. Immigration status preserved.


PAVASE v. TRANSYLVANIA FLOORING


Case Conclusion Date: May 31, 2013


Practice Area: Workers Compensation


Description: In 2011, Client, a Tile Mechanic/Installer, injured his neck and right shoulder while lifting a tool trailer hitch that was loaded with materials. Client is right hand dominant. Client's job requires heavy lifting, bending, kneeling and use of his upper extremities on a repetitive basis. As part of his job, Petitioner is required to lift loads of 80-120 lbs. from the floor to his waist and then, from his waist to his shoulder. Injury to Right Shoulder (surgery). Injury to Neck (Herniated Discs - Surgery).


Outcome: 50% Partial Permanent Disability ($158,400.00)


ADPC, INC. v CITY OF TRENTON


Case Conclusion Date: March 4, 2011

Practice Area: Government Contracts Litigation


Description: Suit against City of Trenton seeking to void award of $912,000 contract to bidder, which should have been disqualified and to award contract to client, the existing vendor, as lowest responsible bidder.


Outcome: Judgment for Client. Competitor disqualified. Contract award voided.  Ultimately, client wins contract through new bid process..